ACCEPTANCE OF YAHOO! TERMS
Welcome to the Yahoo! Local Annotations Service ("Service"). Your use of the Service is subject to these Additional Terms and supplement the Yahoo! Terms of Service ("TOS") located at http://info.yahoo.com/legal/us/yahoo/utos/utos-173.html incorporated by reference. Yahoo! reserves the right to update and change, from time to time, these Additional Terms and all documents incorporated by reference. You can always find the most recent version of these Additional Terms at http://info.yahoo.com/legal/us/yahoo/local/local-262.html and the most recent version of the TOS at the URL indicated above. In the event of any inconsistency between these Additional Terms and the TOS, these Additional Terms shall control.
DESCRIPTION OF SERVICE
The Service provides functionality that allows Yahoo! users who have a valid Yahoo! ID (“You”) to upload and tag content including blog content, photos and any other content (“Your Content”) to be hosted by Yahoo! and to be indexed and crawled by Yahoo!’s Search technology for public display on Yahoo!’s network of properties, including without limitation, Yahoo! Local, Yahoo! Image Search, and on Yahoo!’s syndicated third party sites, and for the public posting, viewing and sharing of Your Content with others. You expressly acknowledge and agree that the Service is a public service, that once You submit Your Content for inclusion into the Service, it will be accessible by others, and that there is no confidentiality or privacy with respect to Your Content. Further, You agree and acknowledge that Your Content may appear on Yahoo! sites and/or syndication partners’ sites. There is no cost to You to submit Your Content.
PROHIBITED CONTENT AND CONDUCT
By submitting Your Content, You agree:
that You own or have the necessary licenses, rights, consents and permissions to all patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) to Your Content, and any other works that You incorporate into Your Content, and to authorize Yahoo! to use Your Content in the manner contemplated in these Additional Terms.
that You have the written consent, release, and/or permission of each and every identifiable individual person in Your Content to use such person’s name or likeness for use and inclusion in the Service in the manner contemplated in these Additional Terms.
not to include in any of Your Content any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, offensive, indecent, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
SUBMISSION OF YOUR CONTENT TO YAHOO!
You retain ownership to Your Content that You submit for inclusion into the Service. However, by submitting Your Content to Yahoo!, You hereby grant Yahoo! the following worldwide, perpetual, royalty-free, non-exclusive, sublicensable and transferable rights and licenses:
to host, cache, store, archive, index, crawl, create algorithms based thereon, modify or transcode Your Content to appropriate media formats, standards or mediums as part of the Service;
to use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and publicly display Your Content on the Service or on any Yahoo! property, including in connection with any distribution or syndication arrangement thereof with third parties or third party sites, in any media format or medium and through any media channels; and
to use Your Content for advertising, promotional or commercial purposes, including without limitation, the right to publicly display, perform, reproduce and distribute Your Content in any media format or medium and through any media channels.
By submitting Your Content for inclusion into the Service, you also grant the following perpetual, non-exclusive license to, use of and rights to Your Content to others (such “others” may include but are not limited to Yahoo! Users): (i) to access, distribute and/or display Your Content through the Service; (ii) the ability for Yahoo! registered users (“Yahoo! Users”) to rate, review, comment on and tag Your Content; and (iii) the ability to access, reproduce, distribute and/or perform Your Content via Yahoo!’s web service APIs or via RSS or any similar XML or related feeds.
The foregoing licenses granted by You shall terminate within 30 days once You request removal or delete, as applicable, Your Content from the Service.
Yahoo! reserves and has the right to sell, license and/or display any advertising, promotional and distribution rights in connection with Your Content, and Yahoo! will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, promotional or distribution rights. Nothing in these Additional Terms obligates or may be deemed to obligate Yahoo! to sell, license or offer to sell or license any advertising, promotion or distribution rights.
You agree to indemnify and hold harmless Yahoo, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of and access to the Service, Your violation of the TOS, these Additional Terms, Your violation of any rights of another person or entity, or Your violation of any applicable laws or regulations.
YAHOO!’S RESERVATION OF RIGHTS
In addition to all other legal remedies available to Yahoo!, You acknowledge that Yahoo! has the right to remove Your Content from the Service or refuse to include Your Content in the Service, suspend or terminate Your Yahoo! account or refuse to grant You access to any current or future use of the Service or any Yahoo! service with or without warning if Yahoo!, in its sole discretion, believes You have: (i) violated or tried to violate the rights of Yahoo! or others; or (ii) violated or tried to violate or acted inconsistently pursuant to these Additional Terms or any other terms of the TOS.
INVALIDITY OF SPECIFIC TERMS
If any provision of these Additional Terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.
LOCATION OF LAWSUIT
The TOS, which apply to Your use of the Service, provide that both You and Yahoo! agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, USA.